A New Mexico condominium resale certificate is a disclosure document provided by the condominium association that gives buyers a clear picture of the property’s financial and legal status before closing. Under the New Mexico Condominium Act (NMSA 1978, §47-7D-9), a seller must provide this certificate—along with governing documents like the declaration, bylaws, and rules—before the property is conveyed (unless an exemption applies).
If the certificate is not delivered, the buyer may void the contract until it is received and for seven days afterward or until closing, whichever comes first. Buyers are not responsible for fees higher than what is listed in the certificate, and while sellers are generally not liable for errors made by the association, failing to ensure proper delivery can delay or jeopardize the transaction.
If the property is located in a community that has both a condominium association and an HOA, you may also need to provide the HOA Document and Disclosure Certificate.
How Do I Request This Information?
Send the New Mexico Condominium Resale Certificate Request Form to the association or management company. Because the association has up to 10 working days to provide the certificate, be sure to request it as early as possible. Once received, review the certificate carefully before providing it to a potential buyer.
How Can I Get a Copy of the "New Mexico Condominium Resale Certificate Request Form"?
We will provide you a copy of any New Mexico form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.
Where Can I Learn More?
New Mexico Condominium Associations (Resale) Information Sheet
New Mexico Condominium Associations (Newly Formed) Information Sheet
Are There Any Exemptions to Providing This Certificate?
- Gratuitous disposition of a unit
- Disposition pursuant to court order
- Disposition by a government or governmental agency (not to include Fannie Mae or Freddie Mac)
- Disposition by foreclosure (this refers to the judicial foreclosure sale, not to a bank once the property is back in the bank's portfolio and the bank is the seller) or deed in lieu of foreclosure;
- Disposition to a person in the business of selling real estate who intends to offer those units to purchasers
- Disposition that may be canceled at any time and for any reason by the purchaser without penalty
- Disposition to a nonresident alien
- Disposition of a unit restricted to nonresidential use
Return to New Mexico Real Estate Disclosure Requirements
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